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Justinian I · The Digest of Justinian §17.2.31.pr

Distinction Between Partnership and Mere Co-Ownership

Passage 2533 of 9271 · Latin

Summary

The text states that a legal partnership, rather than mere co-ownership, is required for a partnership action, and lists various examples where co-ownership arises without the intention of partnership.

[ULPIANUS libro trigesimo ad Sabinum. ] §17.2.31.prUt sit pro socio actio, societatem intercedere oportet: nec enim sufficit rem esse communem, nisi societas intercedit.
[ULPIANUS in his thirtieth book on Sabinus] In order for there to be an action on partnership, it is necessary that a partnership exist; for it is not sufficient that a thing is held in common, unless a partnership exists.
communiter autem res agi potest etiam citra societatem, ut puta cum non affectione societatis incidimus in communionem, ut euenit in re duobus legata, item si a duobus simul empta res sit, aut si hereditas uel donatio communiter nobis obuenit, aut si a duobus separatim emimus partes eorum non socii futuri.
However, business can be conducted in common even without a partnership, for instance, when we enter into a state of common ownership not through the intention of partnership, as happens in the case of a thing bequeathed to two persons, likewise if a thing is bought by two persons at the same time, or if an inheritance or a gift falls to us in common, or if we buy their shares separately from two persons, not intending to become partners.

Notes

  1. §17.2.31.prpro socio actio — Meaning "action for a partner," commonly referred to as the "actio pro socio." It indicates that for this action to be brought, the existence of a legal "partnership (societas)" is required, rather than mere co-ownership.
  2. §17.2.31.prnon socii futuri — The future participle `futuri` is in the nominative plural, agreeing with the subject of `emimus` (first person plural, "we"), and expresses intention or purpose ("without the intention of becoming partners").
  3. §17.2.31.prcitra societatem — The preposition `citra` is used here in the sense of "without" (similar to `sine`), indicating that a state of co-ownership can arise even in the absence of a partnership agreement.

Cite this passage

Justinian I, The Digest of Justinian §17.2.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.31.pr

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